1127J
RESOLUTION ~ I ~. `7
WHEREAS, there has been filed with the City Council of the
City of West Memphis, Arkansas, by Temple-Eastex, Inc., a peti-
tion to vacate certain lands described in a right of way deed
filed of record in Book 508, Page 288, Records of Crittenden
County, Arkansas, and said petitioner prays that the City Council
fix a day for hearing on said petition:
NOW, THEREFORE, BE IT RESOLVED THAT:
Said petition to vacate right of way be set down for hearing
on the -~rd day of ~.cen~~e-~ , 1987, at 1:30 p.m. at the City
Council Chambers in the City of West Memphis, Arkansas, and that
the City Clerk give notice as required by law of the hearing to
be held.
DATED: This 5fh day of ~J~r~e,->-~~jer - 1987•
M~v or
Attest:
City Clerk
{~ECEIVE~
C9TY CLARK OFFICE
L~
fig, 3 ', l o ~''J
NOTICE
NOTICE is hereby given that a petition has been filed with
the City Counci 1 of the City of West Memphis , Arkansas by
Temple-Eastex, Inc. petitioning the said council to vacate the
perpetual easement and right of way had in the following
described real property:
That part of the NW],/4 of Section 7, Township 6 North,
Range 9 East described as follows: Commencing at
the northeast corner of said NW1/4 of Section 7,
Township 6 North, Range 9 East; thence west 40
feet along the north line of Section 7 to a point
on the west right of way line of North Seventh
Street; thence south 0 degrees 47 minutes east
1 , 805 feet along said west right of way line of
North Seventh Street to a point; thence west para-
llel to the north line of said NW1/4, a distance of
640.95 feet to the point of beginning on the north
line of the Evans Products lot; thence south 79 de-
grees 07 minutes west 415.45 feet along the north
line of the Evans Products lot; thence north 0 de-
grees 47 minutes west 52.58 feet; thence north 79
degrees 07 minutes east 101.63 feet to a point;
said point being the southeast corner of the
Temple Gypsum Co. lot; thence North 0 degrees
47 minutes west 10.0 feet; thence south 89
degrees 23 minutes east 309.05 feet to the point
of beginning.
All persons are hereby notified and advised that the City
Council of the City of West Memphis, Arkansas will hear said
petition and determine whether the hereinabove specifically
described perpetual easement and right of way shall be vacated at
a meeting of said council to be held on the 3rd day of
1'~~~po.~ 1987, at 1:30 p.m. in the City Council Chambers
located in the City Hall of West Memphis, Arkansas.
DATED: This ~-Z day of November, 987.
ty Clerk TJ~
~~CE~V~D.
~:,i-~Y CLERK O~EICO ~ ,
~~ ~ ~ r^"
,}
PETITION TO VACATE RIGHT OF WAY
Comes now Temple-Eastex, Inc., a Deleware Corporation, by
and through its attorneys, Rieves & Mayton, for its Petition to
Vacate Right of Way and does state that:
1. On June 27, 1975, by Right of Way Deed filed of record
in Book 508, Page 288, records of Crittenden County, Arkansas,
Holiday Gardens, Inc. , an Arkansas corporation, did grant to the
City of West Memphis a perpetual easement and right of way for
the purpose of constructing a street as an extension of the
street running east and west north of Evans Product Lot over and
across and upon the following lands in West Memphis, Arkansas, to
wit:
That part of the NWl/4 of Section 7, Township 6 North,
Range 9 East described as follows: Commencing at
the northeast corner of said NW],/4 of Section 7,
Township 6 North, Range 9 East; thence west 40
feet along the north line of Section 7 to a point
on the west right of way line of North Seventh
Street; thence south 0 degrees 47 minutes east
1,805 feet along said west right of way line of
North Seventh Street to a point; thence west para-
llel to the north line of said NWI,/4, a distance of
640.95 feet to the point of beginning on the north
line of the Evans Products lot; thence south 79 de-
g rees 07 minutes west 415.45 feet along the north
line of the Evans Products lot; thence north 0 de-
grees 47 minutes west 52.58 feet; thence north 79
degrees 07 minutes east 101.63 feet to a point;
said point being the southeast corner of the
Temple Gypsum Co. lot; thence North 0 degrees
47 minutes west 10.0 feet; thence south 89
degrees 23 minutes east 309.05 feet to the point
of beginning.
2. The above-described real property has not been used by
the public as a street or as an alley for more than five years
last past.
3. The petitioner desires the City of West Memphis to aban-
don its interest acquired under the above-mentioned Right of Way
Deed and in the property described therein.
4. The petitioner will, prior to the hearing on abandon-
ment, provide the consent to abandon of all owners of property
abutting the above-described real property.
5. The abandonment of the above-described real property is
in the best interest and welfare of the public.
RECEIVE
C~T`l CLERK OFFICE
q~
6-
`. ,
WHEREFORE, petitioner, Temple-Easte x, Inc. , a Delaware cor-
poration, prays that:
1. At the next regular or special meeting of the West
Memphis City Council, the council by resolution fix a day for
the hearing of this petition and direct the city clerk to give
notice of such meeting by publication once a week for two con-
secutive weeks in the Evening Times, a newspaper published in the
county and having a general circulation in West Memphis,
Arkansas ;
2. Upon such hearing of the petition, the council, by ordi-
nance, release, vacate, and abandon all its rights, together with
the rights of the public generally, in and to the above-described
real property; and
3. It receive any and all other proper relief and con-
s ideration.
Respectfully submitted,
TEMPLE-EASTEX, INC.
BY: RIEVES & MAYTON
Attorneys at Law
P.O. Box 1359
West Memphis , AR 7 2301
(501) 735-3420
BY : I„ATsti ~ ~'~ ~~/
Elton A. Reeves IV